Co Contractors To Explore Its Realization

This paper was divided into three parts.In the first part,through the typical case and the judicial data about different sentences for same cases in the judicial practice,the origin of this research topic was explained,the legal principle basis of some sentences for same cases was analyzed,and the serious harm of different sentences for same cases was pointed out.It started from the unified judicial application and referee scale in the paper.Around this goal,the reasons were analyzed from legislation,referees and the unified legal applicable strategy in the second part.From legislation,the fuzziness of legislative language,the incomplete foresee ability of legal facts and the conflict among legal provisions were mainly analyzed.From referees,the disunity of judgment idea was analyzed,and several factors affecting the unity of judgment idea were empirically studied.From the unified legal applicable strategy,several ways of the unified legal application in the court were analyzed.It specifically included insufficient longitudinal channel production and weak horizontal channel.In the third part,to explore the path,it was analyzed how to avoid uncertain factors influencing laws from the improvement of the legislative technology,the establishment of the unified Juridical Thinking Criterion and the flattening reform of the Knowledge Management System Structure in the court.It was demonstrated that referees shall take the current laws as the basis,the conservatism and steadiness as the attitude,the judicial conscience as the soul,and the legal argumentation as the demand.Finally,the Supreme Court was advised to combine the big data technology and the trend of judicial reform,and build the horizontal,flexible,spontaneous,conversational and democratic consensus formation mechanism based on Internet,to promote the sharing and creation of judicial knowledge.